Department Of Corrections, Legally Uninsured Louie Poteat WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALOUIE POTEAT, Applicant,vs.DEPARTMENT OF CORRECTIONS, Legally Uninsured, Defendant(s).Case No. ADJ770488OPINION AND ORDER DENYING RECONSIDERATION Applicant’s attorney, on its own behalf, seeks reconsideration of the May 20, 2010 Findings and Order and of the May 20. 2010 Order Denying Petition for Commutation issued by the workers’ compensation administrative law judge (WCJ). In the May 20, 2010 Findings and Order the WCJ found, based on the parties’ prior stipulations, that applicant has been advised that an increase in his COLA1 payments would result in a higher attorney fee. that applicant does not object to a higher attorney fee. and that applicaÆ feels his attorney is entitled to it. The WCJ further found that the prior April 6. 2007 award of attorney fee in the amount of $67.053.42 “was not merely a ‘clerical error’ but rather a substantive error based on faulty data prepared by the Disability Evaluation Unit. The alteration or modification of this figure is prohibited by Labor Code2 Section 5804.” Based on these findings, the WCJ denied applicant’s petitions filed on August 20. 2009, February 18, 2010. and February 22. 2010. In the May 20, 2010 Order Denying Petition for Commutation, the WCJ indicated that “|a)s the increased fee requested in the petition has never been approved by the WCAB. there is no basis upon which to approve the requested commutation. Accordingly, the petition for commutation is ordered denied.” Previously, an 1 Acronym for annual cost of living adjustments pursuant w section 4659(c).3 All further statutory references are to the Labor Code, unless otherwise noted. , April 6, 2007 Findings and Award issued finding that applicant, while employed as a correctional officer during the cumulative trauma period ending June 10. 2004. sustained industrial injury to his heart and cardiovascular system causing permanent total
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